The permanent partial disability benefit (PPD) is the amount of money the injured employee will receive after he recovers from his work-related injury, when he receives the Maximum Medical Improvement (MMI).

The current maximum amount of weeks for each body part is set forth as follows:

Determining what percentage of disability to a specific body part an injured worker is entitled to, varies on a case-by-case basis.

The mathematical calculation for the PPD benefit is quite simple. To arrive at the work benefit:• Multiply the person’s average weekly wage by 60% (the PPD rate), then take that number and multiply it times the percentage loss of use for each specific body part that was injured in the work injury to arrive at the PPD benefit.• This PPD rate is calculated at 60% of the average weekly wage, with a maximum of $636.15 per week.• Any worker having an average weekly wage of over $1,060.00 per week or $55,133.00 per year is at the maximum benefit.

Disfigurement

An injured worker is able to recover money for disfigurement resulting from a work injury, with a maximum of 150 weeks.• The disfigurement is commonly known as scarring.• The scarring, to be compensable, must be serious and permanent to the hands, face, head, neck, arm, leg below the knee, or chest above the axillary line.• The disfigurement or scar benefit is calculated on a case-by-case basis and• A settlement cannot be made until six months have passed after the original accident.

Permanent Partial Disability does not include the following:• Past pain and suffering.• Future pain and suffering.• Loss of a normal life.• Temporary aggravation of a condition.• An injury or scar that completely disappears.• Risk of future injury.

What is a Wage Differential Award?

The Wage Differential award is calculated by:• Taking two-thirds of the difference between his average weekly wage and what he currently can earn in the new lower-paying job based on his injury.• This benefit is paid weekly for life if the case goes to trial.• If the case settles, the attorney will calculate the injured worker’s life expectancy and multiple the weekly benefits times the life expectancy of the injured worker and take that figure and multiple it by a discount rate.

You can be sure that neither the worker’s compensation adjuster nor the worker’s compensation defense attorney will tell you that you have a wage differential case. They will attempt to settle your case on a loss of use basis, in an effort to save the insurance company money.

If an injured worker is found to be permanently and totally disabled, he is entitled to receive two-thirds of his average weekly wage for life, subject, of course, to the statutory maximums and minimums.• The Supreme Court of Illinois has held that an employee is totally and permanently disabled when he is “unable to make some contribution to the workforce sufficient to justify the payment of wages.”• The injured worker may be able to perform some intermittent work and still qualify as a Permanent Total Disability.

Two types of Permanent Total Disability cases are not classified as statutory.• Workers who are obviously unemployable.• Odd lot category workers.

To prove an odd lot on a total disability case, the injured worker is required to show a diligent but unsuccessful job search; or, because of his age, condition, training, education, and experience, he is unfit to perform any but the most menial tasks for which no stable employment market exists.

Vocational Rehabilitation

The Illinois Worker’s Compensation Act requires an employer to pay for vocational rehabilitation if an injured work is unable to return to his previous job.• During the time of re-training, the employer is required to pay “maintenance benefits.”• Maintenance benefits are calculated at a rate of two-thirds of the average weekly wage.• Maintenance benefits are paid at the same rate of the Temporary Total Disability (TTD) benefits.• Maintenance benefits are to be paid the entire time the injured worker is undergoing vocational rehabilitation.

To qualify for vocational rehabilitation benefits, the work injury must have:• Caused a reduction in the employee’s earning power and• The employee is likely to obtain employment upon completion of the vocational rehabilitation.

The employer is responsible for paying all of the employee’s:• Medical treatment, plus• Instruction and training necessary for the physical, mental, and vocational rehabilitationincluding all maintenance costs and expenses incidental thereto.

• A pardon is the forgiveness of a crime that allows a person to clear his or her criminal record. The Governor of Illinois is vested by the State Constitution with the power to pardon.• Procedures for applying for pardons in the State of Illinois are governed by 730 ILCS 5/3-3-13 and Illinois Administrative Code section 1610.180.• The term “clemency” is sometimes used to describe pardon.• Technically speaking, a full pardon removes the penalties and disabilities resulting from a conviction and restores all civil rights.

What Are the Different Types of Pardons?

• An Absolute Pardon forgives all of the consequences of the conviction.• A Partial Pardon forgives some, but not all, of the consequences of the conviction.• A Commutation is where the Governor reduces the prison sentence to a shorter time.• A Reprieve is the delaying of a sentence for a period of time. Reprieve usually refers to postponement of a death sentence.

Who Qualifies for a Pardon?

• If you have been convicted of a felony or certain misdemeanors, a pardon is your only option for removing the conviction from your record.• If you received felony probation, you are still considered a convicted felon just as if you had gone to prison. You cannot expunge or seal felony probation. Some first time Class 4 felony drug offenses can be expunged and sealed, but these are exceptions and not the rule.• All other felonies will remain on your record and can only be removed with a Governor’s pardon.

How Do I apply for a Pardon in Illinois?

• The process is started by submitting a Petition for Clemency with the Illinois Prisoner Review Board.• This petition must include all of the information about your case and provide the reasons why you should be granted a pardon by the Governor.• After you submit your petition to the Illinois Prisoner Review Board, you have the right to request a hearing. This is your opportunity to look at the members of the Board and explain to them why you should be granted a pardon.• After your hearing, the Board will make a confidential recommendation to the Governor on whether you should be granted a pardon. At this point you must wait the Governor to either approve or grant your petition. The law does not require that the Governor make any decision within any period of time.• If the Governor denies your pardon petition, you can file another petition one year after the denial. There is nothing in the law that prevents you from requesting a pardon as many times as you want.• If the Governor grants your pardon, you can have your record expunged, which keeps the public from finding the conviction on your record. That will make it possible to get a job, go to school, and move on with your life without having the prior conviction hold you back.

]]>http://www.scglawoffice.com/blog/so-you-need-a-pardon-from-the-governor-of-illinois-.cfmwww.scglawoffice.com-132912Tue, 10 Jun 2014 09:00:00 EST• The death benefit is calculated at two-thirds of the worker’s average weekly wage payable to the surviving spouse or minor child.• The burial expenses benefit is currently $8,000.00 to the surviving spouse, dependent, or next of kin, or to the person or persons incurring the expense of the burial.• The death benefit to the surviving spouse is payable for 25 years or $250,000.00, whichever is greater.• If the surviving spouse remarries and the decedent did not leave any surviving children who, at the time of the remarriage, were entitled to compensation benefits under the Worker’s Compensation Act, the surviving spouse shall be paid a lump sum equal to two years compensation benefits and all further rights of the spouse shall terminate.

• The intoxicated motorist;• The person/business who sold the alcohol to the intoxicated person; and• The owner of the property where the person became drunk (if the business sells liquor for a profit).

The Illinois Dram Shop Act is also called the Illinois Liquor Control Act, which basically reprimands any primary party (the intoxicated person) and secondary party (business) if they illegally contributed to the intoxication of the drunk driver. However, you are required to file an Illinois Dram Shop claim within a year of the date of the accident, for your claim to be considered.

There are also statutory limitations on the amount of money an injured individual can receive, which are determined annually by the Comptroller. Throughout the years, the amount of liability limit for actions The Illinois Dram Shop Act has been rising steadily. In 2009 the Dram Shop liability limit for actions that resulted in personal injury, death, or property damage was almost $60,000 for each person.

Additionally, families who have claims regarding any loss of financial support or loss of society due to the death of a family member were able to recover up to $72,000 in 2009.

Dram Shop

Illinois provides a remedy against owners of businesses that sell liquor which causes intoxication. The Dram Shop Act provides that every person who is injured by any intoxicated person as a result of his intoxication has a claim against any person who sells or gives alcoholic liquor thereby causing the intoxication of the intoxicated person. Liability extends to lessors or owners of the business selling liquor but does not extend to private persons providing alcohol.

In order to succeed in a Dram Shop action against an intoxicated driver, the plaintiff must prove the following:

• The defendant was intoxicated at the time of the collision.• The defendant, his agents or employees sold or gave intoxicating liquor consumed by the intoxicated person.• The liquor caused the intoxication of the intoxicated person.• The defendant’s intoxication was at least one cause of the occurrence in question.• As a result of the occurrence, the plaintiff suffered injury or damage to his property.

A person is “intoxicated” when as a result of drinking alcoholic liquor there is an impairment of his mental or physical faculties so as to diminish his ability to think and act.

• “Alcoholic liquor” includes any liquid or solid containing alcohol such as wine, beer, brandy, rum, whiskey, or gin.• “Alcoholic liquor” does not mean or include any solid or liquid which contains ½ of 1% or less by volume.

Several defenses are available to a defendant in a case brought under the Dram Shop Act. If a jury finds that a plaintiff did any of the following, then the plaintiff cannot recover damages under the Dram Shop Act:

• Willingly caused the intoxication of the intoxicated defendant.• Willingly encouraged the drinking which caused the intoxication of the intoxicated defendant.• Voluntarily participated to a material and substantial extent in the drinking which lead to the intoxication of the intoxicated defendant.• Actively contributed to or procured the intoxication of the intoxicated defendant.• Provoked the conduct of the intoxicated defendant which caused the injury.

Although the Dram Shop Act provides a cause of action against liquor licensees who distribute alcohol, the damages which can be collected are limited by statute.

• The Illinois legislature established that recovery for injury to person or property cannot exceed $45,000.• A limit of $55,000 for either loss of support or loss of society resulting from death or injury was also provided.• On January 20 of each year the liability limits are automatically increased or decreased by a percentage equal to the percentage change price index during the preceding 12 month calendar year.• The limits of recovery under the Dram Shop Act therefore vary from year to year.

In addition to an action under the Dram Shop Act, an injured person also has the right to pursue a claim against the driver for his negligence. Illinois does not cap the damages that may be recovered in that regard.

]]>http://www.scglawoffice.com/blog/a-drunk-driver-crashed-into-me-can-i-sue-the-bar-.cfmwww.scglawoffice.com-132911Tue, 03 Jun 2014 09:00:00 ESTWhen a family member is killed in any kind of accident, there is a potential for a wrongful death case. The liability of the person responsible for the death is determined by the law for that type of case, such as for car accidents, truck accidents, slip and fall cases. FELA cases, construction accidents, medical malpractice cases, and any other type of case involving an unsafe product or other case which results in fatal injuries.

Components of a wrongful death case

• The survival action—for the conscious pain and suffering and other damages the deceased person suffered before his or her death.• The wrongful death case—this is brought by the surviving family members seeking compensation for their losses.• The economic support that the next of kin would have received during the lifetime of the deceased.• The loss of society of the person who was killed. This means the loss of the family relationship.

Who files the wrongful death lawsuit?

• Only one person is permitted to control the wrongful death claim.• If the deceased had a will, the executor of the estate would control the wrongful death suit.• If the deceased had no will, a family member must be appointed as special administrator of the estate.

Damages recoverable

The total amount of damages recoverable include:

• Pain and suffering• Medical expenses• Lost wages sustained prior to death• Loss of economic support• Loss of society sustained by the next of kin• The grief experienced by the surviving next of kin.

To get more information about Wrongful Death lawsuit in the State of Illinois, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

1. An employer/employee relationship must exist between the parties.2. An issue regarding an employer/employee relationship usually arises when the employer claims the employee was an independent contractor.3. Factors such as the right to control the work, the method of payment, the right to discharge, the skill required to perform the work, and whether the employer furnished the tools, materials, or equipment will be considered.

Exclusive Remedy

4. The injured worker may not sue his employer in Circuit Court; he can only make a claim pursuant to the Illinois Worker’s Compensation Act.5. In an automobile accident lawsuit, the injured party can recover damages above and beyond what is provided in the Act, which include past pain and suffering, future pain and suffering, loss of normal life, risk of future injuries, 100% of all lost wages and benefits, property damage, and all loss of use of his vehicle.6. The injured worker does not have to prove another person or entity was at fault; only that his injury arose out of and was in the course of his employment.

Statutory Employer

7. Anyone who undertakes to do any work is liable to pay worker’s compensation benefits, not only to his own employees but also the employees of sub-contractors which he directly or indirectly engages to do any of the work.8. If you are an injured worker and your employer does not have worker’s compensation insurance and there was a general contractor on the job, you could file an application for adjustment of claim against your employer and also the general contractor who becomes the “statutory” employer.

Notice to the Employer

9. The Act requires the injured employee to give the employer notice of the injury within 45 days of the work injury.10. The Act also requires the employee to file an application for adjustment of claim within 3 years of the date of the accident or within 2 years from the last payment of benefits made by the worker’s compensation insurance carrier.

Arising Out of

11. For a work injury to be compensable under the Act, the employment must expose the worker to a greater risk than faced by the general public.12. For example: if the employee fell down a flight of stairs and there was no defect in the flight of stairs, that injury generally would not be compensable under the Act because the injured worker was not exposed to a risk that was greater than to the general public.13. But, if the employee was walking down the steps while carrying a large box for the employer while in a hurry to bring the box to another co-worker to facilitate production and fell down the stairs, this generally would be sufficient to qualify for benefits under the Act.

Fights at Work

14. A fight between co-workers at work regarding the performance of work is compensable under the Act. But, the injured worker cannot obtain benefits if he was the “aggressor” in the fight.15. If the fight or altercation does not involve the work of the employer and is purely personal, compensation for such injuries will be denied.

Recreational Activities

16. An injury to an employee while playing on the company’s softball team may qualify for worker’s compensation benefits under the Act, but each case if fact specific.17. An injury resulting at a company picnic may or may not be compensable under the Act, depending on the facts of the case. If the employer required the employee’s attendance at the company picnic and paid the employee to attend the company picnic, or his attendance at the company picnic was mandatory, then that injury would qualify for benefits under the Act.

Intoxicated Employee

18. An employee who was intoxicated and becomes injured at work generally will qualify for benefits under the Act, except when the employer can show that the intoxication of the employee was so severe that the employee was unable to perform his job.

Parking Lot Cases

19. An employee who was injured while on his way to work in the parking lot generally will be covered under the Act if the employer made the employee park at a specific spot or section of the parking lot.

]]>http://www.scglawoffice.com/blog/19-things-every-injured-workers-should-know-about-their-case.cfmwww.scglawoffice.com-132408Tue, 20 May 2014 09:28:00 ESTYou Get to Choose Your Own Doctor

• The injured worker has the right to choose his own doctor.• Many injured workers are surprised to learn they have an absolute right to received medical treatment from a physician of their choice.• Many companies send injured workers to their company doctor, and• Not every company doctor has the best interest of the patient in mind as it relates to medical treatment and return to work issues.

Defense Medical Exam (DME)

• Since the injured employee has the right to choose his own treating physicians, the law provides the employer the right to have the injured employee examined by a physician of their choice.• Failure of the injured employee to be examined by the employer’s physician of choice will cut off the injured employee’s right to receive TTD benefits.

• Since the insurance companies have the right of a DME, they use it to their advantage and, on occasion, will schedule an injured worker’s defense medical examination with very little notice, hoping the injured worker will not show up for the examination so they can suspend the worker’s TTD benefits. This results in a hardship to the injured worker and his family.

• TTD benefits will be terminated and/or temporarily suspended in the employee refuses to submit to a medical examination requested by the employer.• The employer is required to pay traveling expenses to the employee for the defense medical examination and• The employer is required to pay any wages that are lost if the defense medical examination is scheduled and conducted during a time when the injured worker is at work.• Since the insurance companies have this right, they use it to their advantage and, on occasion, will schedule an injured worker’s defense medical examination with very little notice, hoping the injured worker will not show up for the examination so they can suspend the worker’s TTD benefits. This results in a hardship to the injured worker and his family.

Medical Benefits

• The employer is required to pay for all the medical bills incurred by the injured worker while he recovers from his injury.• Although the law states that the employer is responsible for payment of medical benefits resulting from the injury for life, in reality, when an injured worker settles a case, the settlement contracts provide that he waives future medical bills resulting from the injury.• By signing settlement contracts, in reality, the injured worker really does not give up or waive a real benefit because it is difficult for an injured worker to come back years later and prove that his future medical treatment was casually related to the original work injury.• In addition, when a worker’s compensation case is settled, the injured worker should be satisfied that his doctors and surgeons gave him the best medical care possible and that he is not in need of any future medical treatment or surgery.

Two (2) Doctor Rule

• The injured worker also has the right to receive medical treatment from any doctor or medical provider that his original choice of doctor referred him to.• The injured worker is also able to choose another physician to receive treatment from and any other doctor or medical provider that the second doctor referred the injured worker to, and• The employer is required to pay for these medical bills.

• TTD benefits are payment to an injured worker for the time they're off work recovering from a work-related injury.• TTD benefits are calculated at two-thirds of an injured worker’s average weekly wage.• The higher an injured worker’s average weekly wage, the higher his TTD benefit check• Make sure there is an appropriate average weekly wage calculation.• Current maximum TTD benefit is $1,178.48.• Current minimum TTD benefit is $200.00 if the injured worker is single.• Minimum TTD benefit increases based on the injured worker’s marital status and number of children.• Minimum TTD benefits are as follows:o Married $230,000o Married plus on child $260,000o Married plus two children $290,000o Married plus three children $300,000• If an injured worker was working only part-time and his average weekly wage was less than the minimum, then his entire average weekly wage will be used as the TTD benefits.

When Do TTD Benefits Start and Stop?

• TTD benefits will start to be paid 3 days after the injury and if the injured worker is able to return to work within 14 days of the original injury, the injured worker will only received TTD benefits from the 3rd to the 14th day.• If the injured worker is off work more than 14 days, the Worker’s Compensation Act requires the insurance carrier to then pay TTD benefits for the first 3 days the employee was unable to return to work.• TTD payments stop when the injured employee returns to work full duty without restrictions or reaches maximum medical improvement (MMI).

Maintenance Benefits

• The Act provides that an injured worker who reaches maximum medical improvement is entitled to receive “maintenance” benefits ifo He is unable to return to work at his former position as a result of the work injuryo And he is undergoing vocational rehabilitation.• The maintenance benefit is paid at the same rate as the previous TTD benefits.

Overpayment of TTD Benefits

• On the rare occasion when an injured worker is paid more TTD benefits than he is entitled to under the Act, the insurance companies have fought hard to obtain repayment for that money.• There is an appellate court case which states the worker’s compensation insurance carrier is entitled to a credit for the overpayment of TTD benefits against the permanency award, that being the PPD benefit.

]]>http://www.scglawoffice.com/blog/temporary-benefits-for-illinois-workers-injured-on-the-job.cfmwww.scglawoffice.com-131789Fri, 09 May 2014 09:40:00 ESTWhat is an average weekly wage?

• In an Illinois worker’s compensation case, the average weekly wage determines how much money a person is to receive for TTD (temporary total disability) benefits and PPD (permanent partial disability) benefits.• The injured worker’s pay for the 52 weeks prior to the date of injury is added up and divided by 52 to arrive at the average weekly wage.• Insurance company claims adjustors work very hard to keep an injured worker’s average weekly wage low to reduce the money they pay on the claim.• The law in Illinois states that overtime should be included in the average weekly wage compensation if the overtime is mandatory and occurs on a regular basis.

Bonuses and Fringe Benefits

• The Worker’s Compensation Act specifically excludes bonuses and fringe benefits in the calculation of an average weekly wage.

Incentive Pay

• The Illinois courts that have interpreted the average weekly wage calculation have found that incentive pay is included in the average weekly wage calculation.• Vacation and holiday pay are included in the calculation of the average weekly wage.

Employees Who Have a Second Job

• It may come as a surprise to the average worker that if an employee has a second job the employer knows about, the wages of the second job are added to the employee’s regular wage to calculate his average weekly wage.• This will result in the injured employee receiving additional money for the claim.• Insurance adjusters rarely, if ever, will include a second job pay to the average weekly wage calculation for an injured employee, thereby reducing the amount the insurance company has to pay on a claim.

]]>http://www.scglawoffice.com/blog/wage-benefits-for-illinois-worker-s-compensation.cfmwww.scglawoffice.com-131788Fri, 02 May 2014 09:22:00 ESTThere’s nothing simple about worker’s compensation in Illinois, especially after recent reforms in the law have made it much more difficult for injured workers to maintain their claims. Anyone injured on the job should seek an legal help from a lawyer experienced in worker’s compensation claims, but here a few quick answers to common questions from clients

1. What is workers' compensation?Workers' compensation is a system of benefits provided by law to most employees who experience work-related injuries or occupational diseases. Generally, benefits are paid regardless of fault.

2. What benefits may be provided?a) Medical care;b) Temporary total disability (TTD) benefits while the employee is off work recovering;c) Vocational rehabilitation/maintenance;d) Permanent partial disability (PPD) benefits for an employee who sustains some permanent disability or disfigurement, but can work;e) Permanent total disability (PTD) benefits for an employee who is rendered permanently unable to work;f) Death benefits for surviving family members.

3. Who pays for the medical care?If the employer does not dispute a medical bill, it will pay the medical provider directly. The employee is not required to pay co-payments or deductibles, unless the service is covered under a group health plan.

4. Are workers compensation benefits taxable income?No. Workers' compensation benefits are not taxable under state or federal law and need not be reported as income on tax returns.

5. What are the time limits for notifying the employer of a workplace accident?a) Generally, the employee must notify the employer as soon as practicable, but no later than 45 days after the accident. Any delay in the notice to the employer can delay the payment of benefits.b) For injuries resulting from radiological exposure, the employee must notify the employer 90 days after the employee knows or suspects that he or she has received an excessive dose of radiation.c) For occupational diseases, such as carpal tunnel syndrome, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition.

6. Can an employee be fired for reporting an accident or filing a claim?It is illegal for an employer to harass, discharge, refuse to rehire, or discriminate in any way against an employee for exercising his or her rights under the law. Such conduct by the employer may give rise to a right to file a separate suit for damages in the circuit court.

7. Is an employee eligible for compensation for pain and suffering for a work-related injury?Employees are not compensated for past pain and suffering, only for the residual pain that is part of the permanent disability.

8. How much can an attorney charge for their services on a workers' compensation case?Although there are some exceptions, with most claims the attorney's fee is limited to 20% of compensation recovered.

9. What is a lump sum settlement?The Workers' Compensation Act also allows for settlements that pay an injured employee in a single payment. Lump sum settlements may end other rights. It is important to read any settlement carefully and consult an attorney for legal advice.

10. Does a decision or settlement close a case forever?A settlement contract usually closes a case forever unless the parties specifically state otherwise in the terms of the settlement contract.

Filing for benefits can be a difficult process. Contact the Collinsville workers’ compensation lawyers at the Giacoletto Law Firm for help getting the benefits you deserve from your claim. Call us at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County workers' compensation attorney centrally located in Collinsville.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

]]>http://www.scglawoffice.com/blog/estimated-cost-of-a-dui-dwi-charge-in-illinois.cfmwww.scglawoffice.com-126591Wed, 05 Feb 2014 09:03:00 ESTSince implementation of the Illinois Statutory Summary Suspension laws in 1986, the Secretary of State’s office has been able to track DUI cases from arrest to disposition. All courts have been required to report all case dispositions to the Secretary of State since 1984.

If a judge grants a driver court supervision for an offense, the driver is not subject to the mandatory penalties of the conviction; the judge determines the penalties.

Judges are prohibited from granting court supervision to a driver more than once in a lifetime for a DUI offense, and then only if there was no previous conviction.

Because the Secretary of State’s office records all court supervisions, repeat offenders are more easily identified, enabling judges to impose more appropriate penalties.

During 2011, 38,704 statutory summary suspensions were recorded by the Secretary of State’s office: • As of December 31, 2011, court dispositions were reported for 41 percent (15,677) of these cases.

• In 5 percent (752) of these cases, other dispositions, such as convictions for reckless driving were received.

• Of the dispositions received, 22 percent of the first offenders received a DUI conviction, and 86 percent of multiple offenders were convicted.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

• Have a clear driving record other than the revocation sanction.• Undergo an alcoholic/drug evaluation. If an alcoholic/drug problem is indicated, proof of treatment must be submitted.• Complete a drug/alcohol remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.• Appear before a Secretary of State hearing officer. For a first offense, an informal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee, and attend a formal hearing in Chicago, Springfield, Mt. Vernon, or Joliet.• Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender’s overall driving record, and the driver’s remedial efforts.• File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement fee, pass the driver’s license exam (written, vision, and driving) and pay the appropriate application fee.• Payment for a revocation fee must be mailed to Secretary of State Traffic Violations Section 2701 S Dirksen Parkway Springfield, IL 62723• An offender requesting a formal hearing for reinstatement of driving privileges must pay a $50 non-refundable filing fee when requesting the formal hearing.

A reinstatement becomes valid when it is entered on the driver’s record in the Secretary of State’s office.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

]]>http://www.scglawoffice.com/blog/getting-your-drivers-license-reinstated.cfmwww.scglawoffice.com-126562Fri, 31 Jan 2014 09:11:00 ESThttp://www.scglawoffice.com/ If your loved one has died in an Illinois auto accident, trucking accident, slip and fall accident, or other type of personal injury accident, you need to know if you have a wrongful death case on your hands. Find out the inner workings of these types of cases here.

In a wrongful death claim in Illinois, there are two parts of the case including the survival action and the wrongful death action. The survival action part of the case focuses on your deceased relative’s pain and suffering, medical bills, and lost wages. However, the wrongful death action centers on your family’s losses (e.g., financial losses, loss of love, loss of affection, loss of companionship). In order to see that justice is served, it is critical that your hire an experienced attorney to maximize the value of your case.

If you want to learn more about wrongful death cases or whether your family has the right to pursue a claim of this nature, contact a wrongful death lawyer to find out. You can reach a knowledgeable attorney at the Giacoletto Law Firm for a free initial consultation at 618-346-8841, or contact us online at http://www.scglawoffice.com/contact.cfm.

]]>http://www.scglawoffice.com/video/what-to-know-about-pursuing-an-illinois-wrongful-death-claim.cfmwww.scglawoffice.com-14514Thu, 30 Jan 2014 08:00:00 ESThttp://www.scglawoffice.com/ When someone close to you suddenly dies in an accident, you are probably left with many questions. During this tragic time in your life, you need to know where you can get trusted answers. Find out here in this video.

At the Giacoletto Law Firm, we know that a loved one’s sudden death can be overwhelming, and you may have questions about getting your deceased family member’s medical and funeral bills paid. Additionally, you may need legal guidance about appointing an executor and whether or not your family should pursue a wrongful death claim in Illinois. You can get all of these questions and more answered in our book about wrongful death.

For a copy of our wrongful death handbook, fill out a form on our website to request your free copy. If you have questions after reading this book, or if you would like to speak with an experienced attorney about pursuing a wrongful death claim in Collinsville, contact the Giacoletto Law Firm for a free initial consultation at 618-346-8841, or contact us online at http://www.scglawoffice.com/contact.cfm.

• A DUI conviction is a permanent part of an offender’s driving record.• The offender may lose work time.• The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.• The offender must meet the requirements of the Secretary of State’s Department of Administration Hearings prior to obtaining a Restricted Driving Permit (RDP).• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed on the offender’s vehicle as a condition of driving.• The offender is required to carry high risk auto insurance for 3 years.• The offender’s vehicle registration will be suspended.

The vehicle of any driver may be seized or impounded by local authorities for committing a:

• DUI while driving privileges are suspended/revoked for a previous DUI or reckless homicide;• DUI with a previous conviction of reckless homicide, aggravated DUI with death, or great bodily harm;• A third or subsequent DUI;• DUI without a valid driver’s license or permit;• DUI while uninsured.

The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary suspension, which is an administrative process.

A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have the time credited to the minimum period of revocation of driving privileges.

If a driver is convicted of DUI in another state, the conviction will be added to his/her Illinois driving record and result in revocation of driving privileges.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

]]>http://www.scglawoffice.com/blog/additional-consequences-of-dui-dwi-charges-in-illinois.cfmwww.scglawoffice.com-124914Fri, 10 Jan 2014 09:00:00 ESTAny DUI offense resulting in a felony charge is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge must also serve a minimum of 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

• Third or subsequent DUI (Class 2 felony: penalties vary according to offense)• DUI committed while driving a school bus carrying persons age 18 or younger (Class 4 felony)• DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony)• Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony: penalties vary according to offense)• DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony: penalties vary according to offense)• DUI committed without a valid driver’s license or permit (Class 4 felony)• DUI committed without vehicle liability insurance (Class 4 felony)• DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death(Class 3 felony)• DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony)• DUI committed while revoked or suspended for DUI, reckless homicide, or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.• DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration of the offense.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

]]>http://www.scglawoffice.com/blog/penalties-for-aggravated-dui-dwi-in-illinois.cfmwww.scglawoffice.com-124913Wed, 08 Jan 2014 10:20:00 ESThttp://www.scglawoffice.com/ When filing a personal injury claim in Illinois, many victims of car accidents, trucking accidents, dog bites, and slip and fall accidents want to know how much pursuing a claim will cost them. Find out from an experienced personal injury lawyer if you need to be prepared for any out-of-pocket expenses.

Personal injury lawyers in Illinois are hired on a contingency fee basis, which means that you do not pay any money to an attorney out-of-pocket. Your lawyer will advance the filing fees, deposition fees, expert fees, and any other court costs associated with your case. If your attorney is successful and makes a financial recovery for you, those fees as well as the attorney costs of around 33 percent come out of your settlement at the end of the case. The benefit of hiring an attorney on a contingency fee basis is that you don’t have to pay any money in advance to get started, and you don’t have to pay any money if your attorney doesn’t collect compensation on your behalf.

To get started pursuing justice and just compensation with no money out-of-pocket, contact the Giacoletto Law Firm in Collinsville. You can speak with an attorney in a free initial consultation today at 618-346-8841, or contact us online at http://www.scglawoffice.com/contact.cfm.